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PHILLIPS v. STATE FARM MUT. AUTO. INS.

No. COA97-802.

497 S.E.2d 325 (1998)

Larry Dean PHILLIPS, by his Guardian Ad Litem, Davis A. PHILLIPS, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Cathy Edwards, Defendants.

Court of Appeals of North Carolina.

March 17, 1998.

Attorney(s) appearing for the Case

Don H. Bumgardner, Gastonia, for plaintiff-appellant.

Stott, Hollowell, Palmer & Windham, L.L.P. by Martha Raymond Thompson, Gastonia, for defendants-appellees.

HORTON, Judge.

The issue presented by this appeal is whether an insurance agent negligently breaches a fiduciary duty to a policyholder who has a minimum limits automobile liability insurance policy if she does not explain to the policyholder that he would be eligible for UIM coverage if he increased his automobile liability insurance coverage above the statutory minimum limits.

An insurance agent acts as a fiduciary with respect to procuring insurance for...

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